Care Home contracts

Discussion in 'Legal and financial issues' started by charlie10, Mar 19, 2019.

  1. charlie10

    charlie10 Registered User

    Dec 20, 2018
    300
    I believe that there is a contract to be signed when someone enters a CH.....who signs that, the 'guest'? If so, what happens if they have no capacity and no attorney?

    Also, one CH website said something about proving that fees for 2 years could be paid.....is that just a matter of showing them that the guest owns property that can be sold? Even if guest agrees to sell on the CH contract, what's to stop them changing their mind and refusing to sell it down the track?

    Probably overthinking it but there's a fair chance FiL will go into a CH after his 2 weeks in rehab....can't see him getting mobile enough to manage on his own with a few care visits, so trying to find out as much as possible before husband flies out to visit and help with whatever arrangements are necessary
     
  2. Louise7

    Louise7 Registered User

    Mar 25, 2016
    1,154
    #2 Louise7, Mar 19, 2019
    Last edited: Mar 19, 2019
    Care home contracts vary so you would need to go through the specifics relating to the home but in my Mum's case there were various options with regards signing the contract. The contract refers to providing evidence of the ability to pay 2 years fees but I haven't been asked to produce this. Mum's situation is that there is currently a deferred payment in place so the LA are paying the fees until the house is sold. Before this was put in place the manager did mention that proof that the house was for sale would have been sufficient.

    If the resident has lost mental capacity and there is no LPA in place then someone will need to get deputyship. I guess that proof that deputyship has been applied for might be suitable evidence for the contract to be signed but it would depend on the individual home. There is no definite answer to your questions - you would need to discuss with the relevant home manager.

    There's nothing to stop them changing their mind but the home fees would still need to be paid so if they have mental capacity then they would have to find the funds from elsewhere. If the resident lacked mental capacity and a deputyship/LPA was in place then it would be for the deputy/attorney to make the decision about selling the house, not the resident.
     
  3. Sirena

    Sirena Registered User

    Feb 27, 2018
    1,510
    Female
    I think your situation is quite difficult, someone needs LPA or deputyship because from all you've said your FIL is reluctant to comply with all this.

    As I have LPA, I signed the contract. I was not asked to prove there was money for fees for any particular timespan, and there is nothing about it in the contract. When I was being shown around, the owner asked how many years funding my mother had and I said I thought it was about 3 years. The owner said that was fine and it was never mentioned again.
     
  4. nitram

    nitram Registered User

    Apr 6, 2011
    18,929
    Male
    North Manchester
    #4 nitram, Mar 19, 2019
    Last edited: Mar 19, 2019
    Assuming self funding, if LA assisted the funding of voluntary top ups comes into play, they don't have to be paid, contract is with LA.

    With no capacity the guest cannot legally sign, if they did it could later be proved to be invalid.

    In the absence of an LPA or deputyship anybody else signing is probably accepting legal responsibility for all fees. even if deputyship is later obtained the contract may well still exist - think what could happen in the future.

    The best way out of the situation is to apply for deputyship

    https://www.gov.uk/become-deputy
    ensuring that if a property is likely to be sold authority to do this is included in the application.

    Once the application has been made make a free application to access the person's funds to pay necessary care fees.

    https://www.gov.uk/emergency-court-of-protection

    Explain the situation to the care home, if they know that deputyship and emergency application have been made (or convinced that they will be) they are likely to be sympathetic , remember that self funders pay ~50% more than the LA rate.
     
  5. Platinum

    Platinum Registered User

    Nov 7, 2017
    66
    Female
    South east
     
  6. Normaleila

    Normaleila Registered User

    Jun 4, 2016
    664
    I have LPA and my experience was the same. By the way, the first payment I had to make was a month in advance, £550 admin fee and a deposit of 6 weeks' fees. So if we stopped paying they'd have 6 weeks' fees covered.
     
  7. Sirena

    Sirena Registered User

    Feb 27, 2018
    1,510
    Female
    I was booking ahead as I had to make various arrangements in advance of the move, so to secure the room I paid the first month's fees several weeks before she moved in. But that was then used as the first month's fee, so I didn't pay again till month two. Fees are paid a month in advance but there was no upfront admin fee. Its an independently owned CH, not part of a chain, and I guess they just work on trust - which is probably unusual.
     
  8. charlie10

    charlie10 Registered User

    Dec 20, 2018
    300
    Sirena and Normaleila....thank you for sharing your experience with me, it just goes to show that you need to be prepared for absolutely everything (sounds as if it could vary from around 10000pounds to 4000 up front, which is a big difference!) Having done all this research have had news that FiL is doing very well with his physio and is also eating well, so he may very well end up back home in better condition than before this long hospital stay, which is brilliant but unexpected! Hopefully he will continue to improve and can maintain that at home with some care visits to keep him on track....then I can tuck this info away until we need it (also hoping that we can get LPA lined up....hoping he doesn't decide that as he's so much better he won't need it :rolleyes:)
     

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